Posted by FlaNotary2 on 4/22/11 7:36pm
Msg #381047

Depositions in Florida

While doing some research, I came across the following:

Florida Rules of Civil Procedure, Rule 1.300(a), states that depositions may be taken before any notary public. Subsection © says that the officer before whom the deposition is to be taken (i.e. the notary), “shall personally, or by someone acting under the officer’s direction and in the officer’s presence, record the testimony of the witness”.

I know that depositions can be taken before a notary... the notary swears them in and then leaves. In most cases the court reporter is also a notary, so the reporter swears the deponent in and then makes a transcript of the testimony stenographically.

But this rule is clear that the actual officer - i.e. the notary - is responsible for recording the testimony, or, if it is recorded by someone else, it must be in the presence of the officer.

This doesn't seem right to me. I'm not sure if I am not reading it right or if this is overturning everything I have previously thought about depositions. I'd like some input from other Florida notaries.

Reply by Teresa/FL on 4/22/11 7:42pm
Msg #381049

I have sworn in witnesses for depositions given over the phone, but have never recorded the witness' testimony. My procedure is to ID the witness and swear him in. After that I leave.

I actually have one scheduled for May 23rd. It will be interesting to see the responses you receive here.

Reply by FlaNotary2 on 4/22/11 7:42pm
Msg #381050

Never mind, found answer

"Accordingly, a notary public who also serves as a court reporter is, in my opinion, prohibited from notarizing his or her own certificate that a deposition is correct or a certificate of nonappearance. A notary public/court reporter should, therefore, make two separate certificates: one certifying that an oath was administered with their notary seal applied and the other certifying that the deposition was taken and the transcript is accurate. This second certification should be notarized by a notary public other than the notary public/court reporter certifying the accuracy of the transcript. Such an analysis would appear to be equally applicable to certificates of nonappearance."

http://myfloridalegal.com/__85256236006EB5E1.nsf/0/637F56500850FAC1852562A8004A33A9?Open&Highlight=0,notary